In addition to the Compact Clause, CEI says, the MSA violates federal antitrust law, bankruptcy law (by giving the states privileged status as creditors), the Federal Cigarette Labeling and Advertising Act (by regulating cigarette advertising and promotion, an area the law reserves to Congress), and the First Amendment (by restricting advertising and lobbying).

The Federal Trade Commission requires that bidi importers submit a plan detailing how they are going to comply with the Federal Cigarette Labeling and Advertising Act by labeling their packs and cartons with one of the four standard Surgeon General's warnings before the cigarettes can be imported into the United States.

Christine Gregoire on March 9, violated the First Amendment and is preempted by the Federal Cigarette Labeling and Advertising Act (FCLAA), the federal law that generally bars states from regulating cigarette advertising and promotion.

In addition, the company expects to challenge Judge Byron's ruling on a number of legal and factual grounds, including the fact that the Federal Cigarette Labeling and Advertising Act sets forth the precise warning that must be printed on each package of cigarettes sold in the United States, and in advertisements for those cigarettes.

Gregoire on March 9, violates the First Amendment and is preempted by the Federal Cigarette Labeling and Advertising Act, the federal law that bars states from regulating cigarette advertising and promotion.

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